Recognition of same-sex unions in Italy
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Notwithstanding a long history of legislative proposals for civil unions in Italy, neither civil unions nor same-sex marriage are recognised under Italian law. Several Regions have formally supported efforts for national law on civil unions and some municipalities have passed laws providing for civil unions. While some of these do provide real benefits they are mostly of symbolic value. Attempts by the Government of Romano Prodi in 2007 to introduce legislation failed after members of the governing coalition threatened to tear apart in opposition to the proposals.
Recent history
In 1986 the Inter-parliamentary Women's Communist group and Arcigay (Association for the rights of Homosexuals), for the first time raised the issue of civil unions within the Italian parliament. This was led by Saved Ersilia in the Senate and by Roman Bianchi and Angela Bottari in the lower house who together tried raise the idea of legislation. In 1988, following lobbying by Arcigay, Alma Cappiello Agate (lawyer and socialist parliamentarian) introduced the first bill in parliament (PdL N. 2340, Discipline on the de fact family, 12 February 1988), calling for the acknowledgment of cohabitations between "persons". The bill failed, but Cappiello's proposal received wide coverage in the press (where some journalists spoke about second-class marriage), and acknowledged for the first time the possibility of homosexual unions.
During the 1990s a succession of civil union bills were regularly introduced and rejected in parliament, bolstered by discussion in the European Parliament on equal rights for homosexuals on marriage and adoption.
During the XIIIth parliamentary session, at least ten bills were presented (by Nichi Vendola, Luigi Manconi, Funny Gloria, Saved Ersilia, Graziano Cioni, Hard Antonio, Luciana Trimmed, Antonio Lisi, Anna Maria De Luca, and Mauro Paissan). None of these ever made it to discussion on the floor of the house - not least due to the explicit influence of the Catholic hierarchy that was often behind the governing coalition.
In September 2003 the European Parliament approved a new resolution on human rights against discrimination on the grounds of sexual orientation. Each Member States confirmed it would work to abolish any form of discrimination - legislative or de facto. During the XIVth parliament political activity led by Franco Grillini debated proposals for PACs which found cross-sectional support.
Grillini introduced proceedings in parliament on 8 July 2002 based on legislation already existing in Denmark. However, the PACs principle was given particular resonance by the union on 21 October 2002 between Alessio De Giorgi and Christian Pierre Panicucci at the French Embassy. The day same Grillini introduced the bill in parliament, supported by 161 parliamentarians from the centre-left.
The Prodi Government
During the 2006 electoral campaign, the then leader of the opposition Romano Prodi promised to give legal rights to de-facto couples if elected.[1] Mr. Prodi's left-of-centre coalition subsequently gained power and in February 2007 the government approved a draft bill to recognise domestic partnerships under the name DIritti e doveri delle persone stabilmente COnviventi (DICO) (English: Rights and duties of stable co-habitants). The bill proposed to give unmarried couples (including same-sex couples) health and social welfare benefits, and provide an entitlement to inherit after a couple has been living together for at least nine years.[2] The bill faced considerable opposition from the catholic Church[3], and in the Senate from the majority of the right wing opposition and from certain elements within Mr. Prodi's fractious coalition. The bill was therefore eventually stopped from reaching the floor for a vote.
Later in the year, the DICO bill was merged with other civil union proposals and the Senate's Judiciary Committee had been discussing a new draft known as CUS (Contratto di Unione Solidale, Solidary Union Contract). Nevertheless, in February 2008 an early election was called, thus dissolving the incumbent Parliament. Therefore, all pending legislation died in committee and will need to be resubmitted to the new Parliament.
Public opinion
During a protest on 13 January 2007, 50,000 gay rights activists, according to the police, protested in Vatican City in favour of the creation of a new law regulating same-sex unions.[1]
According to a poll in February 2007, 67% of Roman Catholics in Italy back the draft bill, and 80% of Italians say they support the law.[4] On the other hand, the Autumn 2006 Eurobarometer survey showed that only 31% of Italians think that same-sex marriages should be allowed throughout Europe and 24% are in favour of opening up adoption to same-sex couples. This is below the EU average of 44% and 32% respectively. [5]
On 10 March 2007 there was a demonstration in Rome in favour of a the same-sex law in order to avoid it being forfeited by Mr Prodi so that he may govern again. Thousands of activists waved alarm clocks in the air, signalling it was high time for such a law. Some Government officials (such as Minister for Equal Opportunities, Ms Barbara Pollastrini, or Minister for Social Solidarity, Mr Paolo Ferrero) took part in the demonstration and were later criticized by Mr Prodi for their participation.[6]
On 12 March 2007 the Conference of Italian Bishops (CEI) staged another demonstration in Rome in favour of the traditional marriage. Police sources claim that about 800,000 people went to the demonstration, including some catholic Government ministers such as Clemente Mastella and Giuseppe Fioroni.[7]
On 16 June 2007, the yearly national Gay Pride was held in Rome and hit a record attendance of about 1,000,000 demonstrators. The Pride parade had a strong political flavour, as LGBT associations meant it to be a response to the above-mentioned Catholic demonstrations. [8]
The two Italian filmmakers Gustav Hofer and Luca Ragazzi followed the whole discussion of the DICO law by making an award winning documentary "Suddenly, Last Winter" ( Improvvisamente l'inverno scorso) [www.suddenlylastwinter.com] ( special mention of the Panorama Jury at the 58th Berlin International Filmfestival, best documentary Idemfestival Cordoba, best documentary Bozner Filmtage, best documentary TLVfest, Tel Aviv).
Regional perspective
Several municipalities and cities throughout Italy have recognised and registered de facto couples. However, as Italy does not have a federal structure, these registers have a symbolic value only and are not legally binding. An example is the commune of Spezia in the Liguria region, which in June 2006 adopted a regional statute that opens civil registry (Registro delle unioni civili) for de facto couples, both heterosexual and same-sex, with some limited benefits. Other examples include:
| Region | Date of recognition |
|---|---|
| Tuscany | July 17, 2004 |
| Umbria | July 29, 2004 |
| Emilia-Romagna | September 14, 2004 |
| Campania | September 19, 2004 |
| Marche | December 6, 2004 |
| Veneto | March 1, 2005 |
| Puglia | December 9, 2005 |
| Lazio | December 14, 2005 |
| Liguria | March 16, 2006 |
| Abruzzo | April 20, 2006 |
References
- ^ a b "Italians clash on gay 'marriage'". the British Broadcasting Corporation. 14 January 2006. Retrieved 2007-08-08.
{{cite news}}: Check date values in:|date=(help) - ^ Smith, Peter J. (9 February 2007). "Italian Government Approves Bill to Recognize Civil Unions". LifeSite.net. Retrieved 2007-08-08.
{{cite news}}: Check date values in:|date=(help) - ^ Gay Link Content (28 February 2007). "Head of Italy's bishops speaks against same-sex unions". Gmax.co.za. Retrieved 2007-08-08.
{{cite news}}: Check date values in:|date=(help) - ^ Espera, Troy (19 February 2007). "Italian catholics say Vatican's same-sex marriage opposition goes too far". Gmax.co.za. Retrieved 2007-08-08.
{{cite news}}: Check date values in:|date=(help) - ^ "EB66" (PDF). Eurobarometer. December 2006. Retrieved 2007-10-26.
- ^ "Miles de personas exigen a Prodi en Roma que regule las parejas de hecho" (in Spanish). El Pais. 10 March 2007. Retrieved 2007-08-08.
{{cite news}}: Check date values in:|date=(help) - ^ Eternal Word Television Network: Blog - Joan's Rome by Joan Lewis
- ^ Gay Pride, Roma invasa: «Siamo un milione» - Corriere della Sera
See also
External links
- Disegno di legge S.1339 - Trattazione in Commissione Giustizia.
- Disciplina del patto civile di solidarietà e delle unioni di fatto (3296).
- Disposizioni in materia di istituzione del Registro delle unioni civili di coppie dello stesso sesso o di sesso diverso e di possibilità per le persone dello stesso sesso di accedere all'istituto del matrimonio (2982)
- Un Pacs avanti. Website of the "National campaign for the Pacs".
- Liff. Website of the Lega italiana famiglie di fatto.
- Proposta di legge di Franco Grillini ed altri del Patto civile di solidarietà e Unioni di fatto, 20 ottobre 2002. Never discussed in the Italian Parliament.
- Unioni civili, il Pdl si spacca,17.09.2008. New Civil Unions bill.
- Sarà il centrodestra a dare una normativa alle unioni civili comprese le coppie Lgbt? Pare di si 7.09.2008